Medical marijuana has been a reality for thousands of Oklahomans since voters approved one of the most progressive medical marijuana laws in the nation in 2018.
Under Oklahoma law, a valid medical marijuana license allows you to legally possess:
- Up to three ounces of marijuana on your person
- Up to eight ounces of marijuana at home
- Six mature marijuana plants
- Six seedling plants
- One ounce of concentrated marijuana
- 72 ounces of edible marijuana
With so many residents legally consuming and possessing marijuana, law enforcement agencies across Oklahoma have increasingly focused on enforcing DUI laws related to marijuana use.
How Is Marijuana DUI Different From Alcohol DUI?
Alcohol impairment is typically measured through a breathalyzer test, which estimates blood alcohol concentration. While breath tests can be challenged in court, they provide a measurable standard (0.08% BAC) that is widely recognized as the legal limit for intoxication.
Marijuana, however, presents a much more complex issue.
There is currently no universally accepted “legal limit” for THC (the psychoactive compound in marijuana) similar to the 0.08% BAC standard for alcohol. During a traffic stop, officers may rely on:
- Blood tests
- Urine tests
- Hair samples
The problem? These tests only detect the presence of THC or its metabolites in your system. They do not reliably prove when the marijuana was consumed or whether you were actually impaired at the time you were driving.
THC can remain detectable long after its impairing effects have worn off. This creates significant legal questions in Oklahoma marijuana DUI cases.
The Science Behind Marijuana Testing
In some states, courts have already grappled with this issue. In one Michigan case, a medical marijuana user was acquitted of DUI charges after a judge determined that trace amounts of THC found in a blood test were insufficient to prove impairment.
Meanwhile, companies and research institutions are racing to develop marijuana “breathalyzers.” Researchers at the University of Pittsburgh have developed devices designed to detect THC molecules in breath. Scientists are also exploring saliva-based testing methods.
However, these technologies are still under development and remain legally controversial. Even if they become widely available, major questions remain:
- How much THC constitutes impairment?
- How will courts standardize acceptable levels?
- How do differences in tolerance affect legal outcomes?
Unlike alcohol, marijuana affects individuals differently. A frequent medical marijuana user may show detectable THC levels but exhibit no observable impairment. Field sobriety tests, often used during Oklahoma DUI stops, can also be unreliable indicators of marijuana intoxication.
Another complication? Breath-based tests may not detect THC from edibles, which are metabolized differently than inhaled marijuana. That creates additional uncertainty in enforcement and prosecution.
What This Means for Oklahoma Drivers
If you are a licensed medical marijuana patient in Oklahoma, you are legally allowed to possess and use marijuana, but you are not allowed to drive while impaired.
The legal challenge lies in how impairment is defined and proven.
Because there is no clear THC threshold like the alcohol BAC standard, marijuana DUI cases often hinge on:
- Officer observations
- Field sobriety tests
- Chemical testing results
- Expert testimony
If you are facing marijuana-related DUI charges in Oklahoma, it is critical to work with an experienced criminal defense attorney who understands both the science and the evolving legal landscape.
Do you have a court case involving marijuana in Oklahoma? Contact Jacqui Ford’s office today to schedule a confidential consultation.
Frequently Asked Questions About Marijuana DUI in Oklahoma
1. Can I be charged with DUI in Oklahoma if I have a medical marijuana license?
Yes. A medical marijuana license allows you to legally possess and use marijuana, but it does not permit you to drive while impaired. If law enforcement believes you are impaired, you can still be charged with DUI.
2. Is there a legal THC limit for drivers in Oklahoma?
No. Unlike alcohol, Oklahoma does not have a specific THC concentration level that automatically constitutes impairment. DUI cases involving marijuana are evaluated based on the totality of the evidence.
3. How do police test for marijuana during a DUI stop?
Officers may request blood, urine, or other chemical testing. They may also conduct field sobriety tests and rely on their observations of your behavior, speech, and coordination.
4. Can I be arrested for DUI if I used marijuana the night before?
Possibly. THC can remain in your system long after its impairing effects have worn off. However, the presence of THC alone does not automatically prove you were impaired while driving. This is often a key issue in court.
5. Do marijuana edibles affect DUI testing?
Yes. Edibles are metabolized differently than inhaled marijuana and may not be detectable through certain types of breath testing. However, they can still lead to DUI charges if impairment is suspected.
6. What should I do if I am charged with a marijuana-related DUI in Oklahoma?
Do not discuss your case with law enforcement without an attorney present. Contact an experienced Oklahoma criminal defense lawyer as soon as possible to protect your rights and begin building your defense.
